Halsey v. Christie

Decided January 15, 1839

New York Supreme Court · decided 1839-01-15

Error from the Tompkins C. P. The plaintiff held a mortgage of personal property executed to him by a person of the name of Grose, the property remained in the possession of Grose, an$ was seised by virtue of an attachment sued out by the defendant against his property. The plaintiff brought an action of trover against the defendant who justified under the attachment. It appeared that the affidavit upon which the attachment issued was radically defective.

Cited by 1 later decisions — most recently January 1899

1 state decisions

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Decided 1839-01-15

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¶1By the Court,

Nelson, Ch. J.

¶2The charge of the court was clearly erroneous. As between the mortgagor and mortgagee, the mortgage was a valid security, and vested the property in the mortgagee; and then the affidavit being admitted to be defective, the justice had not jurisdiction to issue an attachment which would enable the party suing out the same to take the usual ground in these cases, to wit, that the mortgage was executed in fraud of creditors.

¶3Judgment reversed; venire de nova ; costs to abide the event.